This position paper attempts to interrogate whether and under which conditions
Zimbabwe might maintain a right to decide to recall or ‘un-elect’ those elected
representatives. A recall is a ‘mechanism to allow the removal of an elected official from
1 office before his or her term is complete, without waiting for the next general election’ .
From the premise of normative democratic theory, it is a valuable instrument of direct
democracy that can give citizens more control over their representatives to expand
opportunities for reinforcing legitimate and responsive governance and continuous
accountability. This conceptualisation is more relevant in a political system based on
representative democracy where citizens vote for representatives to act on their behalf
2 and in their interest. Yet once elected, officials do not exclusively represent their parties
that nominated them to be candidates but must be representatives of the Zimbabwean
People. This raises the global question as to whether and under which conditions voters
3 might maintain a right to decide to recall or ‘un-elect’ those elected representatives.

To provide insights to the question, a review was made to the relevant constitutional
provisions, constitutional court rulings and related literature and the experiences of other
jurisdictions in Europe, United Kingdom, North America, Latin America and Africa. One
critical observation was that recalls are more prevalent in most undeveloped, emerging
and semi- democratic states compared to more developed democracies. Yet the power
to recall entails a citizen led rather than a party centric process. Within these global trends,
it is observed that Zimbabwe, a semi-democratic state, first enacted recall laws in the late
1980s as a ruling Zimbabwe African National Union Patriotic Front (ZANU-PF) party
strategy to ensure hegemonic control over their rivalries. However, some dominant
opposition elites or reformists during the 2013 constitution making process, argued for its
retention not necessarily as a tool to empower citizens but to largely contain excesses of a
competitive authoritarian state by precluding the real possibilities of solicited and
opportunistic defections by elected officials for personal prebends and to promote the
stability and control of their political parties.

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27-APRIL-2024– In the spirit of ensuring transparency, fairness and accountability crucial to democracy and safeguarding election integrity, the Zimbabwe Election Support Network (ZESN) observed National Assembly by-elections on 27 April 2024 in Harare East and Mt Pleasant Constituencies. The by-elections were held to fill in vacancies that arose in the Constituencies following the resignation from the National Assembly by former Citizens Coalition for Change (CCC) legislators for Mt Pleasant and Harare East, Fadzayi Mahere and Allan Markham.

Legal Framework

The by-elections were held in accordance with the 2013 Constitution, the Electoral Act, and the Subsidiary and Subordinate legislation that usually takes the form of Statutory Instruments. This legal framework governs the conditions under which by-elections are to be held and the electoral system to be used. Section 39 of the Electoral Act states that in the event of an electoral vacancy occurring, the Speaker of Parliament shall notify the President and the Zimbabwe Electoral Commission (ZEC) of the vacancy as soon as possible after he/she becomes aware of it and just as is the case with other elections, a clear roadmap guiding the by-elections should be mapped.

Section 129 (1) (b) prescribes that the seat of a Member of Parliament becomes vacant upon a member resigning from his or her seat by written notice to the President of the Senate or the Speaker of Parliament. Sections 159 of the Constitution and Section 39 of the Electoral Act, provide that a vacancy must be filled through a by-election whenever it occurs. In compliance with s158 (3) of the Constitution, which mandates that any vacancy should be filled through a by-election within 90 days of the date on which the vacancy has occurred, President Emmerson Mnangagwa, through Statutory Instrument 37A of 2024, Proclamation 1 of 2024 proclaimed 26 March 2024 as the date for nomination of candidates and 27 April 2024 as the by-election date for the two (2) Constituencies.

The Electoral Act outlines the key procedures for candidate nomination, voting, counting and the announcement of the results of the said by-election. As mandated by the Constitution to conduct by-elections, ZEC was in charge and supervised the by-elections. Voter registration
for the by-elections is closed as per Section 26 of the Electoral Act which provides that no person shall be registered as a voter no later than the second day following the publication and proclamation of the election.

Nomination Court

The Nomination Court for Harare East and Mount Pleasant National Assembly Constituencies sat on Tuesday, 26 March 2024, to receive nomination papers of candidates for election as legislators for the vacant seats at the Magistrates Court Rotten Row, Harare. Mutimbanyoka Kiven of ZANU-PF and Cheza Ropafadzo Cynthia, an independent candidate, were successfully nominated to contest as National Assembly candidates for Harare East Constituency. Another contender, David Chitimbe of Changu Chimuti Chakapinda Chapinda (CCCC), intended to vie for the Harare East seat but was disqualified due to the inability to secure the required US$1,000 nomination fees. Two (2) independent candidates, Mamuse Nason, Ticky Brian and Mashavave George of ZANU-PF, were dully nominated as National Assembly candidates for Mt Pleasant. Overall, the process was very peaceful and calm. There were no reported incidents of violence or intimidation by candidates or their supporters during nomination day and processes.

Pre-election period and campaigns

Campaigns for the by-elections began after the sitting of the Nomination Court on March 26. ZANU-PF heavily invested in campaigns, holding rallies in Mt Pleasant and Harare East. Notably, on 14 April 2024, ZANU-PF held a Provincial Launch of the campaign at Bond Shops Post Office Mt Pleasant, Hon Tavengwa led the proceedings. On 20 April, the party hosted a Star rally at Lewisam Primary School in Mt Pleasant Constituency led by Vice President Kembo Mohadi. In Harare East, a rally was held at Dam View, and it was led by Vice President Dr. Constantino Chiwenga, who encouraged people to vote for a ZANU-PF candidate. Ropafadzo Cheza (Independent) is reported to have held a rally at Chisipite Shops. Cheza also had mobile teams around Harare East with mobile hailers as part of her campaign strategy. Cheza and Mamuse, for Harare East and Mt Pleasant, respectively, were calling on voters to support former CCC leader Nelson Chamisa by casting their votes in their favour.

Observation methodology

ZESN trained and deployed 107 observers, comprising 95 polling station-based observers and 12 mobile teams. The mobile teams served a dual role; to supervise static observers and to observe the environment outside polling stations on Election Day. ZESN also received updates on the pre-electoral environment from observers resident in both National Assembly Constituencies.

Before deployment, the Zimbabwe Electoral Commission (ZEC) accredited all ZESN observers. This preliminary statement is informed by reports from ZESN observers and recommendations aligned with Zimbabwe’s electoral laws and SADC Principles and Guidelines Governing the Conduct of Democratic Elections.

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18 April 2024- The Zimbabwe Election Support Network (ZESN) joins the nation in celebrating its 44th independence running under the theme, “Zim@44: Unity, peace and development towards Vision 2030.” The Uhuru celebrations come at a time when the Network acknowledges the remarkable progress the country has made in upholding the principles of electoral democracy since 1980.

Among the achievements are – the enjoyment of fundamental rights; one man one vote which ensures universal suffrage; consistent conduct of periodic elections at constitutionally set intervals; the setting up of the Zimbabwe Electoral Commission to manage elections in Zimbabwe; voting in one day; counting of results at polling stations and posting of results outside polling stations which has significantly improved transparency in elections and the introduction of the Biometric Voter Registration which has contributed towards the significant improvement of the Voters Roll.

Independence Day also comes at a time when ZESN is advocating for electoral reforms, urging the government and all electoral stakeholders to reconsider proposals submitted by ZESN and various Civil Society Organizations (CSOs) during the previous electoral cycle to enhance the credibility and integrity of elections. This call comes against the backdrop of the 2023 Harmonised Elections, which were conducted without significant electoral reforms.

Although in 2022, the Zimbabwean government made amendments to the Electoral Act through the Electoral Amendment Bill, such as removing the driver’s license as proof of identity, ZESN believes these changes primarily addressed nominal and administrative reforms, overlooking crucial reforms essential for transparent and credible elections. Substantive electoral reforms, which stakeholders had been advocating for, were omitted from the amendments to the Electoral Act.

Zimbabwe’s founding tenets are rooted in respect for the Constitution, the rule of law, fundamental human rights and freedoms, diverse cultural, religious and traditional values, gender equality, good governance and regular elections, stemming from the election results of 1980 that led to the transition to Independence.

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6-APRIL-2024- In the spirit of ensuring transparency, fairness and accountability crucial to democracy and safeguard election integrity the Zimbabwe Election Support Network (ZESN) observed Local Authority by-elections on 6 April 2024 in Kusile Rural District Council (RDC) Ward 13 and Redcliff Municipality Ward 3. The by-elections in which Zimbabwe African National Unity Patriotic Front (ZANU-PF) was declared winner in both the Redcliff Municipality and Kusile RDC Ward 13 seats were held to fill in vacancies that arose in the Wards following the death of incumbent Councillors.

Legal Framework

The by-elections were held in accordance with Section 121 A of the Electoral Act (Chapter 2:13) following the death of the incumbent Councillors for Kusile RDC Ward 13 Councillor Tarcissius Qonda of the Citizens Coalition for Change (CCC) and Redcliff Municipality Ward 3 Mayor Alderman Clayton Masiyatsva of CCC.

Nomination Court

The Nomination Court sat for purposes of receiving nominations of candidates for election as councillors for the vacant Wards on Friday 23 February 2024 in line with Section 125 (4) of the Electoral Act [Chapter 2:13]. The Nomination Court for the Kusile Rural District Council Ward 13 sat at the offices of the Chief Executive Officer, Kusile Rural District Council, Lupane. Redcliff Municipality Ward 3 sat at the offices of the Town Clerk, Redcliff. Overall, the process was very peaceful and calm. There were no reported incidents of violence or intimidation by candidates or their supporters during nomination day and processes. The nominated candidates for Kusile RDC’s Ward 13 are Henry Moyo of United Zimbabwe Alliance (UZA), Celani Ndimande (Independent) and Donald Chewareerwa of ZANU-PF were successfully nominated for election as councillors to contest as candidates for Ward 13 of Kusile RDC whilst Rangarirai Sibanda (Independent), Christina Sigauke (ZANU-PF) and Tinei Siziba (Independent) were duly nominated to contest as municipal candidates for Ward 3 Redcliff Municipality.

Observation methodology

ZESN trained and deployed nine (9) static observers across the two (2) Local Authority Wards. Of the nine (9) static observers, four (4) observers were stationed in Redcliff Municipality Ward 3 whilst five (5) were deployed in Kusile RDC Ward 13. All ZESN observers were duly accredited by the Zimbabwe Electoral Commission (ZEC) prior to deployment. This preliminary statement is based on reports received from the ZESN observers and recommendations are made in accordance with the electoral laws of Zimbabwe as well as the Southern African Development Community (SADC) Principles and Guidelines Governing the Conduct of Democratic Elections.

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